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Ranked as a Top 10 Global Law Firm, CMS is present in over 41 countries and boasts more than 73 offices worldwide. Our 4,500 plus CMS lawyers offer…
CMS Albiñana & Suárez de Lezo | Spain | 30 Jun 2022
Circular CNMV sobre modelos de notificación de participaciones significativas
El pasado 8 de junio de 2022 se ha publicado en el BOE la Circular 2/2022, de 26 de mayo, de la Comisión Nacional del Mercado de Valores (“CNMV”)…
CMS Albiñana & Suárez de Lezo | Spain | 30 Jun 2022
Alerta Laboral | Junio 2022
El informe del servicio de prevención que declara al trabajador no apto para el desempeño de sus funciones no justica por sí mismo un despido por…
CMS Albiñana & Suárez de Lezo | European Union, Spain | 30 Jun 2022
Referencias Jurídicas CMS | Junio 2022
Real Decreto-Ley 11/2022, de 25 de junio de 2022, por el que se adoptan y se prorrogan determinadas medidas para responder a las consecuencias…
CMS Albiñana & Suárez de Lezo | Spain | 22 Jun 2022
Court validates dismissal of employee who used company meal card while on leave
In a recent judgment, the High Court of Justice of Cantabria had to determine whether the disciplinary dismissal of an employee who had used his company meal card during leave periods was justified. The Court maintained that the employee's behaviour constituted a violation of the contractual good faith provided for in article 54.2(d) of the Workers' Statute. Such a violation of contractual......
CMS Albiñana & Suárez de Lezo | Spain | 20 Jun 2022
Analysing importance of numbered shares when share capital is reduced in public limited company
In a recent decision, the General Directorate of Legal Affairs (DGSJyFP) ruled on whether the numbering of the shares recorded as having been redeemed in the share capital reduction deed should coincide with the numbering of the shares that is recorded at the Mercantile Registry. In order to resolve the appeal, the DGSJyFP argued that, when shares are represented by certificates, the Spanish......
CMS Albiñana & Suárez de Lezo | Spain | 15 Jun 2022
Supreme Court declares dismissal of employee after announcing her upcoming marriage null and void
In a recent judgment, the Supreme Court had to determine whether the termination of a female employee's employment agreement after the announcement of her upcoming marriage constituted discrimination in accordance with article 14 of the Constitution. Although article 14 of the Constitution does not specifically include marital status as one of the circumstances against which discriminatory......
CMS Albiñana & Suárez de Lezo | Spain | 13 Jun 2022
Spain: CNMV circular concerning notification forms for significant shareholdings
On 8 June 2022 the Spanish National Securities Market Commission ("CNMV") published a Circular in the Official State Gazette ("BOE"), approving the…
CMS Albiñana & Suárez de Lezo | Spain | 1 Jun 2022
Dismissal of a household employee is declared null and void as she was pregnant
In a recent judgment, the Supreme Court had to determine whether the dismissal of a household employee should be considered null and void as her employer had been unaware that she was pregnant at the time. In its judgment, the Supreme Court considered the Royal Decree on Household Employees, which set out the guarantee of gender equality in employment and introduced the invalidity of......
CMS Albiñana & Suárez de Lezo | European Union, Spain | 31 May 2022
Referencias Jurídicas CMS | Mayo 2022
La Dirección General de Seguridad Jurídica y Fe Pública se ha pronunciado en su Resolución de 4 de abril de 2022, sobre la necesidad de que, en una…
CMS Albiñana & Suárez de Lezo | Spain | 25 May 2022
Not being logged on when working from home is comparable to unjustified work absence
In a 2021 judgment, the High Court of Justice of Madrid had to determine whether the failure to log on when working from home was comparable to an unjustified work absence and, therefore, grounds for dismissal. The employee claimed that numerous documents and phone records proved that she had carried out work-related tasks on the dates she had been accused of not logging on. However, the......
